Most
workplaces experience incidents of thefts, threats of violence, misbehavior, or

suspicion
of illegal activity. Any of these incidents, may prompt the management or the
owner to conduct an investigation. However, the dilemma occurs, when figuring
out the extent of limitation and privacy rights.

The
U.S. Constitution protects rights of privacy and penalizes unreasonable
searches.

However,
its scope to private offices is limited. Workers receive rights to privacy in
specific ways. One example is the installation of surveillance cameras in
comfort rooms. Another example is the provision for secret one-way mirror.

State
Department of Labor stipulates specific grounds and limitations on prohibited
and unwarranted searches. The law has not listed extensive list of situations
granting a legal search. The court usually decides whether a specific search
has been reasonable. One example is when an employer receives report that an
employee carries or leaves a gun in his drawer or locker.

In this
case, the employer can conduct a workplace investigation because the action
will be reasonable to do so. Areas that are reasonably considered as highly
private areas such as comfort rooms are considered as covered in employee
privacy rights. The employer must notify the employers on an ongoing search in
the workplace involving such areas.

Expectation,
employer's policies, history, and reasonable judgment are some of the factors
being considered in evaluating the legitimacy of a search. When an employer
conducts extreme searches even on private areas in the workplace such as
changing rooms without knowledge or notice, employees can file an invasion of
privacy lawsuit.

Here
are the do's and don'ts in conducting an investigation in the workplace:

1.
Conduct a search or investigation only when there is a reasonable complaint,
issue, or incident needing such act. A business reason such as theft and threat
to security and safety may constitute a valid ground for search.

2.
Verify details. Check sources of information such as security cameras and time
cards.

5.
Avoid searching an employee's body. Even though you have strong basis for
searching an employee's body, let the police and authorities conduct more
legitimate means.

6. Avoid
placing security cameras on comfort rooms. Even though you will only locate on
certain areas in the comfort room, consider other means of obtaining evidence
for your complaint.

7.
Avoid putting the workers under "false imprisonment". This is a legal
theory in which an employee is led to believe that he or she is not free to
leave. An employee has legitimate basis for filing a lawsuit.

The
extent of implementing a workplace investigation lies on the reasonable
judgment of the employer and the management concerning limitations.